Judge dismisses voter-approved Amendment A as unconstitutional
PENNINGTON COUNTY, S.D. — On Monday, Sixth Circuit Judge Christina Klinger ruled in favor of the lawsuit brought by Pennington County Sheriff Kevin Thom and South Dakota Highway Patrol Superintendent Col. Rick Miller against Amendment A, which would have legalized recreational and medical marijuana use in South Dakota.
Judge Klinger dismissed the voter-approved constitutional amendment, agreeing with Thom and Miller, saying that the process used to modify the constitution was improper because it was a revision rather than an amendment.
“The judge’s ruling today solidifies the protections that were sought in the previous passing of Amendment Z,” said Sheriff Thom. “It is an honor to defend our state constitution, and I appreciate the judge ruling in our favor today.”
Lawyers expect an appeal to the state Supreme Court.
“I am pleased with the court’s decision today, though I realize that the Supreme Court will likely have the opportunity to address our constitutional concerns on their merits,” says Col. Miller.
Use of marijuana for both medical and recreational purposes had been set to become legal on July 1.